Nirbhay Singh Thakur vs The State Of Madhya Pradesh
2023 Latest Caselaw 17181 MP

                             1
 IN    THE     HIGH COURT OF MADHYA PRADESH
                    AT JABALPUR
                          BEFORE
            HON'BLE SHRI JUSTICE VISHAL DHAGAT
                 ON THE 16 th OF OCTOBER, 2023
             MISC. CRIMINAL CASE No. 24421 of 2023

BETWEEN:-
1.    NIRBHAY SINGH THAKUR S/O SHRI INDER SINGH
      THAKUR, AGED ABOUT 32 YEARS, OCCUPATION:
      GOVERNMENT EMPLOYED R/O VILLAGE OF
      VAIDWARA, P.S. AND TAHSIL RAHLI, DISTRICT
      SAGAR (MP) AT PRESENT R/O IN THE HOUSE OF
      DEVI SINGH H. NO. 38 SHIVRAM COMPLEX
      RJAKHEDI, DISTRICT SAGAR (MP) (MADHYA
      PRADESH)

2.    INDER SINGH THAKUR S/O BHAGWAN SINGH
      THAKUR, AGED ABOUT 61 YEARS, OCCUPATION:
      HOUSEWIFE VILLAGE OF VAIDWARA P.S. AND
      TAHSIL RAHLI SAGAR AT PRESENT IN THE
      HOUSE OF DEVI SINGH H.NO. 38 SHIVRAM
      COMPLEX RJAKHEDI (MADHYA PRADESH)

3.    SMT. JANKIBAI @ SUHAGRANI THAKUR W/O
      INDER SINGH THAKUR, AGED ABOUT 58 YEARS,
      OCCUPATION: UNEMPLOYED R/O VILLAGE OF
      VAIDWARA, P.S. AND TAHSIL RAHLI, DISTRICT
      SAGAR (MP) AT PRESENT R/O IN THE HOUSE OF
      DEVI SINGH H. NO. 38 SHIVRAM COMPLEX
      RJAKHEDI, DISTRICT SAGAR (MP) (MADHYA
      PRADESH)

                                                   .....PETITIOENRS
(BY SHRI B.J. CHOURASIA - ADVOCATE)

AND
1.    THE STATE OF MADHYA PRADESH THROUGH
      POLICE STATION DEORI POLICE STATION DEORI,
      DISTRICT SAGAR (MADHYA PRADESH)

2.    SMT BRINDA THAKUR W/O NIRBHAY SINGH
      THAKUR, AGED ABOUT 33 YEARS, OCCUPATION:
      GOVERNMENT SERVANT MUAREKHAS TAHSIL
      AND P.S. DEORI (MADHYA PRADESH)
                                    2
                                                              .....RESPONDENTS
(BY SHRI A.K. SINGH - GOVERNMENT ADVOCATE)

      This application coming on for admission this day, the court passed the
following:
                                    ORDER

Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure for quashing of FIR registered against them in connection with Crime No.513/2022 at Police Station-Deori, District-Sagar (MP) under Sections 498-A, 506 of the IPC and Section 3/4 of the Dowry Prohibition Act.

2. Learned counsel appearing for the petitioners submitted that respondent No.2 was served with the notice and did not appear in Court.

Affidavit is also filed that respondent No.2 is also served by electronic mode by Whatsapp. Screenshot, call details and affidavit has also been filed.

3. Perused the report of Registry. Registered notice was sent to respondent No.2. Same was received back with endorsement that respondent No.2 has refused to take the notice. Further affidavit has also been filed that notice has been served on respondent No.2 on Whatsapp also. Considering the same, respondent No.2 is proceeded ex-parte.

4. Respondent No.2 has filed an FIR against petitioners on 30.09.2022 alleging harassment and demand of dowry. Due to said allegation, FIR was registered under Sections 498-A, 506 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act.

5. Learned counsel appearing for the petitioner submitted that petitioners have filed suit under Section 9 of the Hindu Marriage Act for restitution of Conjugal Rights. In said case also respondent No.2 did not appear and ex-parte judgment and decree for restitution of conjugal right was passed on 07.12.2021

th in Case No.69/2021 by 8 District Judge, Sagar (MP). After passing of said judgment, petitioner No.1 went to the house of respondent No.2 for bringing her along with him. He was abused and mistreated. As petitioner was sure that respondent No.2 does not want to come and live with him, therefore, he filed petition for divorce. Case was registered at RCSHM No.194/2022. In said case also notice was served upon respondent No.2 but she did not appear, therefore, she proceeded ex-parte. Final judgment and decree of divorce was passed against respondent No. on 23.01.2023. It is submitted that after passing of judgment and decree under Section 9 and after filing of suit under Section 13 of Hindu Marriage Act on 06.09.2022, false complaint has been filed against petitioners to harass her. There is delay in lodging of FIR. Incident is said to have taken place between 13.05.2018 and 28.08.2022. Facts mentioned in FIR give force to the version of petitioners that he went twice to bring back his wife where he was mistreated. In FIR, it has been mentioned that it was petitioners who mistreated his wife when he visited her house. On going through aforesaid facts and circumstances, it is clear that decree of restitution of conjugal right was passed against respondent No.2. Petitioner No.1 has also filed an application before Superintendent of Police for fair investigation in the matter. In these circumstances, FIR registered against petitioners may be quashed.

6. Learned Government Advocate appearing for the State opposed the

petition and submitted that no interference is called for in FIR registered against the petitioners. Prima facie case is made out against them as per allegation made in the FIR.

7. Heard the counsel for the parties.

8. On going through the document which is placed on record, it is found that after passing of judgment and decree dated 07.12.2021, no notice or any

acknowledgment or receipt is filed to show that respondent No.2 was aware of judgment and decree dated 07.12.2021 in respect of restitution of conjugal right. Petitioners have also not applied in Court for the execution of judgment and decree dated 07.12.2021. Respondent No.2 was ex-parte in the proceeding. In these circumstances, it cannot be said that respondent No.2 was aware of judgment of decree dated 07.12.2021. Similarly, judgment and decree of divorce was passed on 23.01.2023. In said case, notice have been served upon respondent No.2. In petition filed under Section 13 of the Hindu Marriage Act, facts of earlier judgment and decree passed under Section 9 has been mentioned. Notice of petition for divorce has been served upon respondent No.2 which shows that respondent No.2 was aware of proceeding undertaken by petitioner No.1 in Court and FIR against petitioners is filed as a counter blast to harass him.

9. In these circumstances, FIR registered against petitioners in connection with Crime No.513/2022 at Police Station-Deori, District-Sagar (MP) under Sections 498-A, 506 of the IPC and Section 3/4 of the Dowry Prohibition Act is quashed.

10. Petition is allowed.

(VISHAL DHAGAT) Digitally signed by SHABANA ANSARI JUDGE shabana Date: 2023.10.19 15:49:02 +05'30'